General Discussion
In reply to the discussion: Victim wants rapist's parental rights restricted [View all]Xithras
(16,191 posts)The complications with these situations is that parental rights laws are generally subtractive, so you have to specifically pass a law to cover every eventuality. The legal baseline in nearly all of the states is that both biological parents have equal access to a child unless those rights are limited by law, a court order, or a legal agreement.
Until a few years ago, the idea of a rapist suing for child custody was unheard of. States didn't pass laws to specifically ban this sort of thing because it wasn't something that was actually happening (or if it was, it wasn't public knowledge) or a law that voters were clamoring for (again, because people didn't think it was a real threat). Since these custody suits started popping up a few years back, a number of states have passed laws stripping convicted rapists of custody rights. Clearly, not all 50 have done so yet.
The solution is for voters in those states to contact their state legislators and get those exclusions passed. I can't imagine anyone actually opposing a law like that.